New decree for Tocai name

| Tue, 02/12/2008 - 05:41

The agriculture ministry on Monday issued a new decree dealing with the name of a popular Italian wine which can no longer be called Tocai.

The decree was the result of a compromise reached last month between producers of the white wine, officials from the Friuli-Venezia Giulia region where it is made and the agriculture ministry, along with representatives from sector organizations and unions.

For the time being it was agreed that wine produced for export will be called 'Friulano', while wine for domestic consumption can be called either 'Tocai Friulano' or just Friulano, the choice up to the producer.

The decree stated that the name can only be used for certified quality wine.

''The use of two different names is a temporary measure until the European Court of Justice rules on a new suit regarding the use of the name Tocai,'' Agriculture Minister Paolo De Castro said,

The minister added that the compromise and decree adopted a recommendation made by a regional administrative court which last year struck down a previous ministerial decree imposing the name Friulano for both domestic sale and exports.

The regional court acted in response to a suit filed by a group of producers which insisted on keeping the name Tocai as well on the grounds that the change would confuse buyers.

The saga of Tocai's name began in 1995 when the European Court of Justice in Luxembourg court ruled that it was too similar to the one of a traditional Hungarian wine, Tokaj.

The court concluded that based on international treaties, including one in 1993 through which Hungary began to negotiate its entry into the European Union, Italy could not use Tocai because the name 'Tokaj' was an implicit reference to a specific geographical area, located 125 miles east of Budapest.

For the Italian wine, the name refers to the grape it is made from: either Tocai Friulano or just Friulano.

The EU court ruling was in line with another which stated that the name champagne or anything similar can only be used for the sparkling wine produced in the Champagne region of France.

Italy has used the same arguments in its battle to have the exclusive right to the names of wines like Chianti and Brunello.

The name change was to have gone into effect last March 31 but was delayed until the end of 2007 because of court appeals.

There is also a new case before the court in Luxembourg brought by a group of hardcore producers which wants to use the name Tocai for exports as well.

They are basing their case on World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

Among other things, TRIPS includes requirements that nations' laws must respect for geographical indications, including appellations of origin.

TRIPS gives countries the right to recognize at home the name of a domestic wine which is the same as geographic denominations in other countries.

Tocai and Tokaj are completely different. Tokaj is a honey-colored sweet or semi-sweet dessert wine, while the Friulano wine is white and tart.

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